I propose that Clause 51 should stand part of the Bill. It deals with a case in which the Electoral Commission has received a notice that a council has passed a resolution for partial-council elections and has exercised its power under Section 13(3) of the Local Government Act 1992 to direct the Boundary Committee to conduct an electoral review.
Where, after having undertaken the review, the Boundary Committee recommends that electoral changes are made to the council’s area, Clause 51 ensures that, in making the order that implements the new scheme—the partial-council elections order—the Electoral Commission does not have to include provision for anything that can be provided for in an order made under Section 17 of the Local Government Act 1992.
An order under Section 17, an electoral changes order, can make provision about matters such as the total number of councillors for a council’s area, the number and boundaries of the electoral areas into which that area is divided, the number of councillors to be elected for any electoral area in that principal area and the apportionment of councillors among electoral areas.
The clause clarifies which legislation is to be used when making either a partial-council elections order—for elections by halves or elections by thirds—or an electoral changes order.
We will be using this Bill or the 1992 Act. This technical clause ensures that the right legislation is used, depending on whether an electoral order is made under the Bill or, following the need for boundary changes, it has to be made under the 1992 Act. I hope that I have been able to explain that adequately. If not, I am very happy to attempt to do so on another occasion.
Local Government and Public Involvement in Health Bill
Proceeding contribution from
Baroness Morgan of Drefelin
(Labour)
in the House of Lords on Thursday, 5 July 2007.
It occurred during Committee of the Whole House (HL)
and
Debate on bills on Local Government and Public Involvement in Health Bill.
About this proceeding contribution
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2006-07Chamber / Committee
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